Ontario Court Calls for Collaboration Regarding Production of Documents in the Information Age

In a case before the Ontario Superior Court of Justice in which documents to be produced formed part of a larger database and the printing of them would cost $50,000 in copying fees, a Master of the Court has directed the parties to consider electronic discovery. In the reasons for judgment (Sycor Technology Inc v Kiaer et al, 2005 CanLII 46736), Master MacLeod took a most pragmatic view of the situation:

"Dealing with databases or other electronic documents requires procedural collaboration and a healthy dose of pragmatism and common sense. The volume of information now available electronically may well be the greatest challenge to face civil litigators in the coming years. If thousands of documents exist and must be reviewed by counsel on both sides, the cost of litigation will be driven to astronomical proportions. At the very least there should be consideration given to electronic production of documents that are required and perhaps the use of computer experts to identify what exists and what is truly relevant to the issues that are actually in dispute."

Master MacLeod directed counsel to the Ontario Bar Association's guidelines on electronic discovery, and decided to adjourn the motion while counsel sorted out exactly what needed to be produced, and how it was going to be done. For the full text of Master Macleod's endorsement, see: http://www.canlii.org/on/cas/onsc/2005/2005onsc15208.html For the OBA Guidelines on E-Discovery, visit this site: http://www.oba.org/en/main/ediscovery_en/default.aspx and follow the link "Electronic Discovery Guidelines". Summary by: James Kosa